Government of Myanmar ‐ ILO Complaint Mechanism Working together to eliminate forced labour and underage recruitment Decent Work for All ASIAN DECENT WORK DECADE 2006 2015
What is Forced Labour ? • Requiring a person to do anything against his / her will under the threat of penalty for non compliance • Makes No different if paid or not • Threat can be expressed or implied
What about Underage Recruitment ? • Underage recruitment is forced labour • It makes no difference if the child volunteers or the parents agree • Government of Myanmar has decided that the minimum age is 18 years
Addressing the Problem • Education – Awareness raising and training • Prevention – Recruitment procedures • Discipline – Strict application of the law
Awareness Raising / Training • Joint Government – ILO seminars • At State, Division and Township levels • Important that authorities (military and civilian) understand the law and their rights and responsibilities under the law
Prevention Putting into place systems and procedures to prevent underage recruitment At recruitment centre • Need to view official proof of age documentation before confirming recruitment • Placing copy of that documentation on the file as a protection to yourself • Any parental contacts / concerns / information inquiries on their missing child must be taken seriously and acted upon immediately • Any assertion that a child is underage should be immediately referred to a senior officer for action
Prevention Putting into place systems and procedures to prevent underage recruitment At the training camp • Official proof of age documentation should be verified on arrival • Any parental contacts / concerns / information inquiries on their missing child must be taken seriously and acted upon immediately • Any assertion that a child is underage should immediately referred to a senior officer for action
Prevention Putting into place systems and procedures to prevent underage recruitment At the Regiment • Someone serving who was recruited under the age of 18 is an underage recruit • Proof of age documentation should be obtained in any cases where the age is in question • Any parental contacts / concerns / information inquiries on their missing child must be taken seriously and acted upon immediately • Any assertion that a child is underage should immediately referred to a senior officer for action
Discipline • Forced recruitment is forced labour Military instruction 1/131/ye 1 (ka) dated 2 Oct 1997 • Myanmar Law Recruitment of children under 18 into the military is illegal – Directive of the Defence Services Council No. 13/73 • UN Security Resolution 1612 places international obligation on the government and non state armed groups to report on the status of children in armed conflicts
Government ILO complaint mechanism • Residents of Myanmar have the right to complain if they or their family are subjected to forced labour including underage recruitment • They can raise the matter with the appropriate authorities (in the case of underage recruit / child soldier this is the military) or the ILO as they see fit • It is the responsibility of the military / ILO to receive a complaint and work to resolve it
The process • At all times the situation of the child should be the priority concern – the ‘best interest of the child’ principle applies • If there is any doubt as to the child’s age, he should be with his parents /guardians while the age verification takes place • On receipt of the complaint an investigation is initiated without delay towards • The underage recruits discharge • Appropriate disciplinary action for breach of the law and military regulation
ILO – Supplementary Understanding (SU) Section II, Article 9 � Complaint submitted under the SU shall not be a ground for any form of judicial or retaliatory actions against complainant(s), their representative(s) or any other relevant persons involved in a complaint, at any time either during the implementation of the arrangements in the present Understanding or after its expiration, whether or not the complaint is upheld
ASIAN DEC ENT WO RK DEC ADE 2006- 2015 De c e nt Wor k for All Thank you For more information, please contact: ILO Yangon Office Tel: 95 1 242393, 242811 Fax: 242594 E mail: YANGON@ilo.org http://www.ilo.org/yangon/lang en/index.htm
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